DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 7, 9, 11 of U.S. Patent No. 11,943,434. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious of one another. For example:
U.S. Patent No. 11,943,434
Instant Application: 19/354104
1. An image decoding method performed by a decoding apparatus, the image decoding method comprising:
1.(Original) An image decoding method performed by a decoding apparatus, the image decoding method comprising:
obtaining prediction related information for a current chroma block;
obtaining prediction related information for a current chroma block;
deriving a cross-component linear model (CCLM) mode as an intra prediction mode of the current chroma block based on the prediction related information;
deriving a cross-component linear model (CCLM) mode as an intra prediction mode of the current chroma block based on the prediction related information;
deriving a specific value for the current chroma block;
deriving a specific value for the current chroma block;
deriving specific top neighboring chroma samples and specific left neighboring chroma samples of the current chroma block based on a width and a height of the current chroma block and the specific value;
deriving specific top neighboring chroma samples and specific left neighboring chroma samples of the current chroma block based on a width and a height of the current chroma block and the specific value;
deriving CCLM parameters based on the specific top neighboring chroma samples and the specific left neighboring chroma samples;
deriving CCLM parameters based on the specific top neighboring chroma samples and the specific left neighboring chroma samples;
deriving prediction samples for the current chroma block based on the CCLM parameters; and
deriving prediction samples for the current chroma block based on the CCLM parameters; and
generating reconstructed samples for the current chroma block based on the prediction samples,
generating reconstructed samples for the current chroma block based on the prediction samples,
wherein the derived specific value is 2,
wherein the derived specific value is 2,
wherein based on the width and the height being greater than or equal to the specific value, top neighboring chroma samples of specific top positions among top neighboring chroma samples of the current chroma block are selected as the specific top neighboring chroma samples,
wherein based on the width and the height being greater than or equal to the specific value, top neighboring chroma samples of specific top positions among top neighboring chroma samples of the current chroma block are selected as the specific top neighboring chroma samples,
wherein the specific top positions are derived based on the number of the specific top neighboring chroma samples and the width of the current chroma block,
wherein the specific top positions are derived based on the number of the specific top neighboring chroma samples and the width of the current chroma block,
wherein based on the width and the height being greater than or equal to the specific value, left neighboring chroma samples of specific left positions among left neighboring chroma samples of the current chroma block are selected as the specific left neighboring chroma samples, and
wherein based on the width and the height being greater than or equal to the specific value, left neighboring chroma samples of specific left positions among left neighboring chroma samples of the current chroma block are selected as the specific left neighboring chroma samples,
wherein the specific left positions are derived based on the number of the specific left neighboring chroma samples and the height of the current chroma block.
wherein the specific left positions are derived based on the number of the specific left neighboring chroma samples and the height of the current chroma block,
5. The image decoding method of claim 1, wherein when the width of the current chroma block is 4 and the number of the specific top neighboring chroma samples is 2, the specific top positions are (1, −1) and (3, −1), and wherein when the height of the current chroma block is 4 and the number of the specific left neighboring chroma samples is 2, the specific left positions are (−1, 1) and (−1, 3).
wherein when the width of the current chroma block is 4,
the specific top positions are (1, -1) and (3, -1), and
wherein based on the height of the current chroma block being equal to 4,
the specific left positions are (-1, 1) and (-1,3).
For similar reasons as above, claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, and 4 of U.S. Patent No. 12,457,330. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application and the patent are substantially similar and obvious of one another.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang et al., US 20180176594 A1, discloses LINEAR MODEL PREDICTION MODE WITH SAMPLE ACCESSING FOR VIDEO CODING
Ma et al., US 20210136409 A1, discloses Intra-Prediction Using A Cross-Component Linear Model in Video Coding
Zhang el al., US 20180077426 A1, discloses LINEAR MODEL CHROMA INTRA PREDICTION FOR VIDEO CODING
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANCIS G GEROLEO whose telephone number is (571)270-7206. The examiner can normally be reached M-F 7:00 am - 3:30 pm.
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/Francis Geroleo/Primary Examiner, Art Unit 3619
